formerpara

Affidavit with two different names. Robo signed or defective?

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Here is the problem:

The complaint is dated April 18, 2012. It was filed with the small claims in FL, Sarasota county on May 9, 2012.

The papers were served on June 4th by a process server, but the court docket refects that they were served on June 1, 2012.

The notice states that a pre-trial conference is set for June 12th.

There is an affidavit by Dianna D. Wiggins, but on the signature line the nameDianna D. Wiggins is crossed out and the name Deanna D. Ulf is written in. Is this affidavit legal?

The defendant is a disabled veteran and had previously provided documentation to the OC reflecting that.

A Statement of Account provided by PRA is attached. It was prepared by PRA.

A Bill of Sale from HSBC is attached to the complaint.

There is no contract with defendant's signature.

Apparently account was bought in a bundle by PRA from HSBC as indicated on a PRA generated listing sheet. THe amount PRA paid is redacted.

A 2 page statement from HSBC is also attached to the complaint.

PRA violated the FDCPA by calling defendants friends and relatives.

I know that defendant needs to appear in court for the pretrial conference, but should he file a NOA, an Answer to Complaint and a counter claim???

Please help ASAP. Seems to me that PRA didn't give defendant sufficient notice. Can a Motion to Dismiss be filed?

Oh brilliant minds out there please help.

Thanks.

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Life is hectic these days and I only have a minute, but there are many on this site that know exactly how to beat junk debt buyers suing on purchased debts.

This is how I would do it (overview):

This is small claims, so you need to check what the process is in Florida. But in my state (PA), there is no discovery and no pretrial conference. You merely need to cal the court and let them know you intend to defend. They will then reschedule the default judgment date and then you must file any counterclaims no later than five days prior to trial date.

1) So call the court and check and let know you intend to defend and file a counterclaim. No need to file an answer in my state. It isn't part of the small claims process. But again, Florida may be different.

2) File FDCPA counterclaims. I would bring two counts: a) misrepresentation for suing without standing, B) harassment (the calls).

3) Plaintiff junk debt buyer will 99.9% come to the table with nothing more than hearsay. Call them out on it. They will "prove" ownership of the account by some documentation of the original creditor. They will show your balance owed by some other docment from the original creditor. Object based on hearsay. No one from the original creditor will be there to authentice the evidence. Additionally, DO NOT let them try to ram the evidence in with use of the "business records hearsay exception". You cannot use this exception by using a 3rd party company's records. They would need to put someone on the stand with firsthand knowledge of the business record that can explain that the business record was produced within the routine business of the company and that procedures are in place to make the business record particularly trustworthy enough to be admissible despite the fact it is hearsay. In this case, this can't happen unless HSBC wants to fly someone in. If the judge needs more convincing, state that this busines record is not only third party but is particularly UNTRUSTWORTHY because of the huge self-interest of the plaintiff involved here.

It should not be admissible. Request the claim be dismissed WITH prejudice because the plaintiff has been trying to collect on this debt for years and has shown they are unable to show ownership of the debt or any balance owed to the original creditor.

Then try to hammer tham with any evidence you have of counterclaims.

1) Hearsay evidence and unprovable ownership is less than legal threshold to establish that they own an account tey can collect on. Therefore they have been misrepresenting themselves as the owner when they are not and violating FDCPA.

2) Show phone records of calling relatives.

See if you can collect $1000.

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